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Annex III
PROTOCOL CONCERNING LEGAL MATTERS
Article I
Criminal Jurisdiction
1. The criminal jurisdiction of the Palestinian Authority covers all
offenses committed in the areas under its territorial jurisdiction
(hereinafter, for the purposes of this Annex, "the Territory")
subject to the provisions of this Article.
2. Israel has sole criminal jurisdiction over the following offenses:
a. offenses committed in the Settlements and the Military
Installation Area subject to the provisions of this Annex; and
b. offenses committed in the Territory by Israelis.
3. In exercising their criminal jurisdiction, each side shall have the
power, inter alia, to investigate, arrest, bring to trial and punish
offenders.
4. In addition, and without derogating from the territorial
jurisdiction of the Palestinian Authority, Israel has the power to
arrest and to keep in custody individuals suspected of having
committed offenses which fall within Israeli criminal jurisdiction
as noted in paragraphs 2 and 7 of this Article, who are present in
the Territory, in the following cases:
a. The individual is an Israeli, in accordance with Article II of
this Annex; or
b. (1) The individual is a non-Israeli suspected of having just
committed an offense in a place where Israeli authorities
exercise their security functions in accordance with Annex
I, and is arrested in the vicinity in which the offense was
committed. The arrest shall be with a view to transferring
the suspect, together with all evidence, to the Palestinian
Police at the earliest opportunity.
(2) In the event that such an individual is suspected of having
committed an offense against Israel or Israelis, and there
is a need for further legal proceedings with respect to that
individual, Israel may retain him or her in custody and the
question of the appropriate forum for prosecuting such a
suspect shall be dealt with by the Legal Committee on a
case-by-case basis.
5. In the case of an offense committed in the Territory by a
non-Israeli against Israel or an Israeli, the Palestinian Authority
shall take measures to investigate and prosecute the case, and shall
report to Israel on the result of the investigation and any legal
proceedings.
6. a. Tourists in transit to or from Israel through the Gaza Strip or
the Jericho Area, who are present on the Lateral Roads or on the
main North-South road crossing the Jericho Area (Route No. 90),
may be arrested and questioned only by the Israeli authorities
which shall notify the Palestinian Authority. Where the Israeli
authorities conclude that an offense under the prevailing law
has been committed, and that further legal proceedings in
respect of the tourist are required, such proceedings shall be
taken by the Palestinian Authority.
b. Where such a tourist present outside these areas is detained or
arrested by the Palestinian Authority, it shall notify the
Israeli authorities immediately and shall enable them at the
earliest opportunity to meet the detainee and to provide any
necessary assistance, including consular notification, requested
by the detainee.
7. Nothing in this Article shall derogate from Israel's criminal
jurisdiction in accordance with its domestic laws over offenses
committed outside Israel (including in the Territory) against Israel
or an Israeli with due regard to the principle that no person can be
tried twice for the same offense. The exercise of such jurisdiction
shall be subject to the provisions of this Annex and without
prejudice to the criminal jurisdiction of the Palestinian Authority.
Article II
Legal Assistance in Criminal Matters
1. General
a. Israel and the Palestinian Authority shall cooperate and provide
each other with legal assistance in criminal matters. Such
cooperation shall include the arrangements detailed in this
Article.
b. For the purpose of this Article, "Israeli military forces" may
include Israel Police and other Israeli security forces.
c. Documents served by one Party in the territory under the
responsibility of the other, shall be accompanied by a certified
translation into the official language of the other Party.
2. Cooperation in Criminal Matters
a. The Israel Police and the Palestinian Police shall cooperate in
the conduct of investigations. Subject to detailed arrangements
to be agreed upon, such cooperation shall include the exchange
of information, records and fingerprints of criminal suspects,
vehicle ownership registration records, etc.
b. Where an offense is committed in the Territory by an Israeli
acting jointly with an individual under Palestinian personal
jurisdiction, the Israeli military forces and the Palestinian
Police will cooperate in conducting an investigation.
c. The Palestinian authorities shall not arrest or detain Israelis
or place them in custody. Israelis can identify themselves by
presenting Israeli documentation.
However, where an Israeli commits a crime against a person or
property in the Territory the Palestinian Police upon arrival at
the scene of the offense shall immediately notify the Israeli
authorities through the relevant DCO. Until the arrival of the
Israeli military forces the Palestinian Police may, if
necessary, detain the suspect in place while ensuring his
protection and the protection of all those involved and shall
prevent interference with the scene of the offense, collect the
necessary evidence and conduct preliminary questioning.
d. Without derogating from the jurisdiction of the Palestinian
Authority over property located or transported within the
Territory, where the property is being transported or carried by
an Israeli, the following procedure shall apply: The Palestinian
authorities have the power to take any measures necessary in
relation to Israeli vehicles or personal belongings where such
vehicle or belongings have been used in commission of a crime
and present an immediate danger to public safety or health. When
such measures are taken the Palestinian authorities shall
immediately notify the Israeli authorities through the relevant
DCO, and shall continue to take the necessary measures until
their arrival.
3. a. When an Israeli is suspected of committing an offense and is
present in the Territory, the Israeli military forces shall be
able to arrest, search and detain the suspect as required, in
the presence of and with the assistance of the Palestinian
Police.
b. When an Israeli commits an offense and is present in the Yellow
Areas or on the Lateral Roads and their adjacent sides as
defined in Annex I, the Israeli military forces may, without
derogating from the territorial jurisdiction of the Palestinian
Authority, arrest, search and detain the offender and shall
notify the Palestinian Police immediately, provide it with all
necessary information, and coordinate wherever possible.
4. When an offense is committed inside a Settlement, and all those
involved are Palestinians of the Gaza Strip or the Jericho Area or
their visitors, the Israeli military forces shall notify the
Palestinian Police immediately and shall hand over the offender and
the collected evidence to the Palestinian Police unless the offense
is security- related.
5. Restraining Orders
Each side shall execute orders issued by the competent organ of the
other side restraining a person under the jurisdiction of that side
from travelling abroad.
6. Summons and Questioning of Witnesses
a. Where the statement of a witness who is an Israeli or other
person present in Israel is required for a Palestinian
investigation, the statement shall be taken by the Israel Police
in the presence of a Palestinian Police officer in an Israeli
facility at an agreed location.
b. Where the statement of a non-Israeli witness present in the
Territory is required for an Israeli investigation, the
statement shall be taken by the Palestinian Police in the
presence of an Israeli police officer in a Palestinian facility
at an agreed location.
c. In exceptional cases, each side may take a statement requested
by the other side itself, without the presence of the requesting
side.
7. Transfer of Suspects and Defendants
a. Where a non-Israeli suspected of, charged with or convicted of
an offense that falls within Palestinian criminal jurisdiction
is present in Israel, the Palestinian Authority may request
Israel to arrest and transfer the individual to the Palestinian
Authority.
b. Where an individual suspected of, charged with or convicted of
an offense that falls within Israeli criminal jurisdiction is
present in the Territory, Israel may request the Palestinian
Authority to arrest and transfer the individual to Israel.
c. Requests under subparagraphs a. and b. above shall specify the
grounds for the request and shall be supported by an arrest
warrant issued by a competent court.
d. Where the request is for the transfer of a suspect who is not a
Palestinian requested by the Palestinian Authority:
(1) the arrest warrant shall only be issued pursuant to an
application made by or on behalf of the Attorney-General,
confirming that there is reasonable evidentiary basis that
the offense was committed by the suspect;
(2) the offense must be punishable by not less than 7 years'
imprisonment under the law of the requesting side.
e. (1) Individuals suspected of offenses punishable by less than 7
years' imprisonment shall be interrogated by the
investigating side in a facility of the other side or at an
agreed location.
(2) Interrogation shall take place in the presence of a police
officer of the other side.
(3) Upon the request of the investigating side the other side
may detain the suspect in custody pending and during the
questioning.
(4) Where the presence of the suspect is required for an
objective reason such as confronting witnesses and
identification of site, the suspect shall be transferred for
that purpose only.
f. (1) Both sides, upon receipt of a request in accordance with
this Article, shall effect the arrest and transfer
requested.
(2) If the individual requested is detained in custody or is
serving a prison sentence, the side receiving the request
may delay the transfer to the requesting side for the
duration of the detention or imprisonment.
g. No person shall be transferred in respect of an offense
punishable by capital punishment unless the requesting side
undertakes that capital punishment shall not be imposed in the
case.
h. (1) Both sides shall take all necessary measures to ensure that
the treatment of individuals transferred under this Article
complies with the applicable legal arrangements in Israel
and in the Territory and with internationally- accepted
norms of human rights regarding criminal investigations.
(2) Suspects transferred under this paragraph shall have the
right to be assisted during the investigation period by an
advocate of their own choice.
i. Each side may, upon the request of the other side, detain, for
no more than seven days, an individual in respect of whom a
request for arrest and transfer is to be made, pending the
submission of such a request.
j. The transfer of foreigners by Israel to the Palestinian
Authority under this Article shall be subject to the applicable
conventions to which Israel is a party and in coordination with
the foreigner's state of origin.
k. Both sides may agree that an individual convicted in the courts
of one side shall serve his sentence in a prison of the other
side, subject to arrangements and conditions to be agreed
between the sides.
8. Assistance in the Execution of Court Orders for the Purposes of
Investigation
a. Israel and the Palestinian Authority shall execute orders issued
by each others' courts for the purposes of investigations (e.g.,
search warrants, orders for the production of documents and
seizure orders), subject to the provisions of local law.
b. Where, for the purposes of an investigation, Israel or the
Palestinian Authority requires that tests or examinations (such
as fingerprinting or blood analysis) be effected in relation to
an item situated in territory under the responsibility of the
other side, that side shall effect the tests or examinations
required and transfer the results to the side conducting the
investigation. Where these results are not sufficient for the
purposes of the investigation, arrangements shall be made for
the transfer of the item to the side conducting the
investigation.
9. Legal Assistance in the Conduct of Judicial Proceedings
a. Summons and subpoenas issued by an Israeli court in respect of
defendants and witnesses present in the Territory, shall be
effected through the Palestinian Authority which shall be
responsible for the service of summons, and the execution of
subpoenas by the Palestinian Police. Subpoenas issued in respect
of an Israeli defendant or witness shall be executed by the
Israeli military forces in the presence of and with the
assistance of the Palestinian Police.
b. Summons or subpoenas issued by a Palestinian court in respect of
defendants and witnesses present in Israel shall be effected
through the Israel Police who shall be responsible for the
service of summons and the execution of subpoenas.
c. Where the evidence of an Israeli witness is required in
connection with proceedings conducted by a Palestinian court,
the evidence of the witness shall be taken at a Palestinian
court situated at an agreed location close to one of the
crossing points, and the witness shall be accompanied by
representatives of the Israeli military forces together with the
Palestinian Police.
d. Where the evidence of a witness is required in connection with
proceedings conducted by a court of one side, such a request
will be notified to the authorities of the other side to summon
the witness.
Article III
Civil Jurisdiction
1. The Palestinian courts and judicial authorities have jurisdiction in
all civil matters, subject to this Agreement.
2. Israelis conducting commercial activity in the Territory are subject
to the prevailing civil law in the Territory relating to that
activity.
Nevertheless, any enforcement of judicial and administrative
judgments and orders issued against Israelis and their property
shall be effected by Israel. Israel undertakes to execute such
judgments and orders within a reasonable time.
3. The Palestinian courts and judicial authorities have no jurisdiction
over civil actions in which an Israeli is a party, except for the
following cases:
a. the subject matter of the action is an ongoing Israeli business
situated in the Territory (the registration of an Israeli
company as a foreign company in the Territory being evidence of
the fact that it has an ongoing business situated in the
Territory);
b. the subject matter of the action is real property located in the
Territory;
c. the Israeli party is a defendant in the action and has consented
to such jurisdiction by notice in writing to the Palestinian
court or judicial authority;
d. the Israeli party is a defendant in an action the subject matter
of which is a written agreement, and the Israeli party has
consented to such jurisdiction by a specific provision in this
agreement;
e. the Israeli party is a plaintiff who has filed an action in the
Territory. If the defendant in the action is an Israeli, his
consent to such jurisdiction in accordance with subparagraphs c.
or d. above shall be required; or
f. actions concerning other matters as agreed between the Parties.
4. The jurisdiction of the Palestinian courts and judicial authorities
does not cover actions against the State of Israel including its
statutory entities, organs and agents.
Article IV
Legal Assistance in Civil Matters
1. Service of Legal Documents Israel and the Palestinian Authority will
be responsible, in the areas under their respective territorial
responsibility, for the service of legal documents, including
subpoenas, issued by the judicial organs under the responsibility of
the other Party.
2. Interim Orders
a. Interim orders (e.g., temporary orders of attachment, the
appointment of a receiver, restraining orders) issued by
judicial organs under the responsibility of either Party will
not have effect in the areas under the territorial
responsibility of the other Party.
b. Judicial organs under the responsibility of both Parties will be
authorized to issue interim orders which shall apply in the
areas under their territorial responsibility, even in cases in
which the primary action was filed with the judicial organs
under the responsibility of the other Party.
c. The judicial organs of each side may issue orders restraining an
individual from travelling abroad when the order relates to a
matter being tried by that organ, subject to the relevant
provisions of the domestic laws.
3. Taking of evidence
Israel and the Palestinian Authority will make arrangements for
taking evidence from witnesses, when necessary, within the areas
under their territorial responsibility, when such evidence is sought
in connection with proceedings conducted by the judicial organs
under the responsibility of the other side.
4. Enforcement of judgements
a. Israel and the Palestinian Authority will enforce judgements
rendered by the judicial organs under the responsibility of the
other Party, provided that the judicial organ concerned had the
jurisdiction to render the judgement and further provided that
the enforcement is not contrary to public policy. The execution
office under the responsibility of Israel and the Palestinian
Authority shall execute such judgements as if rendered by their
own judicial organs.
b. In executing any judgement against Israelis the Palestinian
execution offices will be authorized to issue orders (e.g.,
attachments, receivership, eviction) against Israeli property
within the Territory.
c. Orders against the freedom of Israelis (e.g., imprisonment
orders, restraining orders) shall only be issued by Israeli
execution offices.
d. All orders issued by execution offices against Israelis or
Israeli property within the Territory will be executed by the
Israel Police with the assistance of the Palestinian Authority,
or where the Israel Police notifies the Palestinian Authority
that it has no objection, by the Palestinian Police.
.